Putative Class Action Challenges Gerber’s Infant Formula Immunity Benefits Claims

Two plaintiffs have filed a lawsuit against Gerber Products Co. alleging
that the company misrepresented its Gerber® Good Start® infant formula
by advertising it as the “first and only formula whose consumption
reduces the risk of infants developing allergies.” Hasemann v. Gerber
Prods. Co., No. 15-2995 (E.D.N.Y., filed May 21, 2015). The complaint
echoes a similar lawsuit against Gerber pending in New Jersey federal
court.

The plaintiffs assert that Gerber advertises its product as providing
health benefits through partially hydrolyzed whey protein despite an
alleged U.S. Food and Drug Administration denial in 2005 that Gerber’s
formula aids against allergy development. The plaintiffs seek class certification
and damages of more than $5 million. Additional details about
Gerber’s successful motion to receive medical records in the analogous
case appear in Issue 562 of this Update. See Legal Newsline, June 2,
2015.

Issue 567